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GINA P. v. STEPHEN S.

7 A.D.3d 333 (2004)

776 N.Y.S.2d 266

GINA P., Respondent, v. STEPHEN S., Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

May 11, 2004.

The order of filiation was entered upon respondent's failure to appear at the hearing on the paternity petition. Respondent then moved to vacate the order of filiation, which motion was granted to the extent of directing a hearing on the reliability of the DNA test showing a 99.99% probability of respondent's paternity. After the hearing, Family Court refused to vacate the order of filiation, finding that even if the test were given the best possible reading from respondent...

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